A report released in September by the American Civil Liberties Union (ACLU) details what the organization describes as "disproportionate suppression" of student activism supporting Palestine by college administrators and police across the country. The report is based on a two-year investigation, examining 80 universities using university policies, court records, survey responses, published investigative journalism, and six case studies.
Since October 2023, student and faculty members have organized demonstrations and encampments protesting the Israeli government’s actions in Gaza. ACLU researchers found that pro-Palestinian free speech has been subjected to unwarranted suppression on college campuses, often influenced by government actions.
The ACLU reported that universities' responses to pro-Palestine advocacy have been more punitive compared to historical responses to other demonstrations over decades. Colleges have imposed widespread restrictions on student speech, initiated disciplinary actions, and applied severe punishments, including expulsions and suspensions. Government tactics identified by the ACLU include the use of civil rights laws, withholding federal research grants, and coercing universities to alter educational programs to limit criticism of the Israeli government.
Students at UCI experienced similar outcomes during the May 2024 encampments, which urged the campus to divest from financial ties with the Israeli government. KTLA reported that law enforcement forcibly removed encampment tents, banners, signs, and student barricades to clear what the university characterized as a “violent protest.” Following these events, the ACLU report states that UCI issued multiple student suspensions for allegedly violating campus policies, such as obstructing university operations, disregarding administrative orders, and disrupting campus activities.
Five suspended students have filed a lawsuit against UCI, alleging that their suspensions were inconsistent with university rules, imposed without prior notice, and lacked evidence that they posed a significant risk to the university. The students also claim that UCI violated state and federal law by denying them due process protections. According to the ACLU report, the students were not permitted a hearing or the opportunity to present evidence in their defense before the suspensions took effect, which barred them from attending classes, accessing student housing, or being on campus. This lawsuit is ongoing, with a trial set for early 2027.
Across the nation, the cumulative suppression of free speech through severe punishments and suspensions has, according to the ACLU report, enabled the government to more easily block forms of student activism, resulting in what the organization describes as “long-term damage to higher education.” Data from the Armed Conflict Location and Event Data (ACLED), an independent organization that analyzes protests, found that 99% of more than 1,300 campus demonstrations denouncing Israeli government actions in Gaza between October 7, 2023, and May 3, 2024, were led by peaceful protesters.
Despite this, the ACLU found that complaints regarding pro-Palestinian activism often portray peaceful demonstrations as inherently supportive of antisemitism, frequently overlooking violence and harassment directed at student and faculty advocates. For instance, at UCLA on April 28, 2024, counter-protestors attacked demonstrators with traffic cones, tore down barriers, and made threats. Days later, a group of over 100 masked individuals returned with pepper spray, fireworks, and other weapons. The Los Angeles Police Department, arriving at the university’s request, did not intervene until more than four hours after the violence began and made no arrests. The ACLU noted that UCLA administrators subsequently used these attacks against demonstrators as justification for clearing the encampment.
The report also highlights that campus protocols adhering to the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism have significantly limited students' ability to criticize the Israeli government without facing punishment. Under the IHRA definition, describing the existence of the State of Israel as a “racist endeavor” can be considered antisemitic. The ACLU reported that the IHRA framework “has been interpreted by some to equate criticism of Israel and its policies or opposition to Zionism with antisemitism,” and has been used to silence criticism and suppress the speech and activism of students, professors, and organizers supporting Palestinian rights.
In a Daily Californian article, Dan Mogulof, a spokesperson for UC Berkeley, denied that the IHRA definition contributes to suppressing students’ free speech. Mogulof stated that UC Berkeley has used the definition for more than five years and has not received a single complaint that it has affected students’ ability to engage in expression or discourse. Mogulof added that UC Berkeley “will maintain an unwavering commitment to protecting the First Amendment rights of its students, staff and faculty in a completely viewpoint-neutral manner,” asserting that no policies or practices apply to any particular viewpoint or cause.
